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Wednesday, February 8, 2012

An Inspiring Charity

... And potential sponsor???

Right To Play is an international charity that believes, as I do in the power of play. They focus on children and on sports, activities, and games. I would love to extend this to all ages - not only children need play, in fact there seems to be some strange notion that as we get older, we're no longer allowed to play, we even lose the fundamental ability to play. I would also like to focus the notion of "play" specifically the theatrical play, which I believe encompasses and magnifies many of the positive outcomes of sports and more traditional playground games. (I'm pretty sure I'm not using any of the right language here... need to look more into this..) Theatrical play is physical (can be just as exhausting as a soccer match or flag football), it's funny, it's risky, there are goals, players, strategies, teams, the need for group cooperation and communication, physical awareness, it gets us talking and problem-solving, it boost confidence, fosters respect, it's a place to examine, explore and discuss community and the individual, and to work our empathy muscle.

Right to Play does have programs in Rwanda. We should look into partnering with them or, at the very least, learning form the incredible work they do.


This feels a little bit like "they can't do it right, let's teach them", but still, really interesting:

Clarification: My thought is that this project is not necessarily about teaching or preaching. I believe that learning is inherent in the exercises and relevant to human beings everywhere.

Tuesday, January 31, 2012

Some Interesting Info on LLC's

It's pretty appealing, I have to say... Thanks, Sage!

From How to Form an LLC:
"A limited liability company, or LLC, is similar to a partnership but has the legal protections of personal assets that a corporation offers without the burdensome formalities, paperwork and fees. The exact rules for forming an LLC vary by state. All new LLCs must file so-called articles of organization with their secretary of state’s office. This is usually just a short form that asks for the names of the LLC and its members and their contact information. The filing fee can range from $30 to $200. A few states also have other registration requirements. Though it’s often not required by law, you should draft an operating agreement for your LLC that spells out the details of the business arrangement, including members’ percentage ownership, roles, rights and responsibilities. Having such an agreement can help protect the LLC structure if it’s challenged in court and prevents you from having to default to state operating rules.
You don’t have to hire a lawyer to set up an LLC, since state requirements are usually self explanatory. But it’s a good idea to have one read over paperwork and your operating agreement to make sure your interests are protected.
Even though most states don’t require any annual paperwork or administrative procedures, you should document major business proceedings and lay out some formal procedures — like one meeting a year — to help protect your LLC status.
Some states charge annual fees and taxes that can diminish the economic advantage of choosing to become an LLC. Among LLC advantages: pass-through taxation – meaning the profits and losses “pass through” the business to the individuals owning the business who report this information on their own personal tax returns. The result can be paying less in taxes, since profits are not taxed at both the business level and the personal level. Another plus: Owners aren’t usually responsible for the company’s debts and liabilities."

I looked it up and the fee in Texas for filing as an LLC IS $300. First thing on the budget I guess...

This is a great, totally readable breakdown about what an LLC is, what it does, and how to form one...

More and More and MORE

Useful info from one of Sage's articles...:

"I came to the Ariane de Rothschild Fellowship having worked primarily in the arts and education sectors. I co-direct an organization structured as an LLC that promotes dialogue and healing through all arts. One of my central questions in embarking on the fellowship was whether DNAWORKS should become a 501(c)(3), or if there was a better fiscal and tax status for the organization. In addition to getting a clearer picture of how to run DNAWORKS, I also discovered a world of critical information that I had not previously encountered. At Cambridge, I found myself reflecting daily on how excited I was by the epiphanies I was having – such as how personal and accessible the articles in the Harvard Business Review are – as well as how frustrating and disturbing it was that I had not been exposed to this information previously. It felt as if we were being given “the keys to the kingdom” for economic success in a global market. Mostly, I realized how crucial it is as an artist to have access to the information we received and to be able to use it in my work. My conclusion – artists and entrepreneurs have a lot to learn from each other.

I had previously been exposed to a “backward planning” model of strategic project development through a life coaching course I took over 10 years ago. At the time, it was a revelation to me because it revealed how, especially in the arts world, a project leader could focus on success rather than tainting the project with the recurrent fear of failure. It also meant, from creative, staffing, and financial perspectives, that if a project is clearly laid out with achievable deliverables articulated over time, participants can relax into the process, invest in it, and enjoy themselves. I began to teach this “theory of inevitable success,” as I termed it, in my project-based learning courses at New York University and now City University of New York, including working with youth and other populations in facilitating theatrical workshops and productions. In some ways, the first creative signature of a project or venture is how that strategic planning model is envisioned and implemented – two teams could take the same project and goals and arrive at two unique paths in achieving them. This is, in my mind, the artistry in business, two terms that are usually used as polar opposites in the arts world with the ubiquitous model of separate artistic and executive directors.

The work thus far on the Fellowship has deepened my conviction that artists, educators, and activists desperately need the business tools to make their social service projects sustainable – both in terms of the projects, themselves, and the livelihoods of the project facilitators. Too many of us work just at or below a line of fiscal health and, rather than being able to focus on our work with young people, elders, populations of all abilities, societies in conflict, and other historically marginalized peoples, we scramble for the resources to pay the bills, our co-workers, and, lastly, ourselves. Being able to monetize what we do, measure the social impact, and articulate it to others in terms of social profit are the first steps in taking ownership of our work in a larger fiscal landscape, rather than accepting the brand of “not-for-profit” that, too often, means working for nothing or sinking into debt and/or constant emotional distress.

As entrepreneurs, whether in the arts or financial worlds, we also need to know our strengths – some of us are ideas people, some are development people, some are organizational mavens. Thinking in terms of Howard Gardner’s theory of “multiple intelligences,” each person has a strength or series of strengths; but as so often happens in entrepreneurial ventures, the ideas person winds up wearing all the hats and having difficulty enrolling others or sharing the responsibilities – and that is certain death for a project. The first questions we dreamers need to ask ourselves are, “What am I good at and what do I need others to do?” And then we actually need to act on those answers."


AND an interesting Start-Up List from the American Association of Community Theatre:

1. Decide on a collaborative structure.Do you want to run it as a benevolent dictatorship? A cooperative? Or something in-between? How will you choose projects? Who will help with the non-artistic administrative work? Be very clear about the decision-making structure and lines of responsibility. A good place to begin is with the bylaws of other theatre companies. We've included seven of them on this website.2. Develop a mission statement.This should be your company's identity, and the litmus test by which you consider future projects. Make it as broad as possible, while still identifying a unique vision. [See The Mission Statement]

3. Create a name and a look.Brainstorm ideas on names for your company. Develop a logo and an identifiable "look" for your publicity, etc. Check to make sure that your proposed name is not already in local use,4. Register your company name with the local authorities.In order to become a registered business and protect the name that you have chosen, you must register with your city. You may have to register as a D.B.A. ("Doing Business As"), effectively registering it as an alias for one or more individuals in the company. Check to see where this is done in your area. After filing your name, you must announce the creation of your business in a local paper. 5. Open a bank account.The best way to keep track of your company's financial situation is to open a separate bank account. It also enables you to accept checks written to the company's name. You must be registered with the city in order to open an account under a D.B.A. name. Many banks are offering fee-free everything to business customers, so shop around.6. Sign up with relevant service organizations.Join AACT, your local theatre alliance, your state or regional organization. This gives you credibility, and access to lots of ideas and services. Consider joining a local service organization such as Rotary and the Chamber of Commerce.7. Decide on profit/nonprofit status.This is one of the most difficult decisions to make, if you choose to go nonprofit, there is bureaucracy and paperwork to navigate. The main advantage is qualifying for grants and special discounts. Foundations can legally give grants only to nonprofjts, and individual donors can write off nonprofit contributions on their taxes. However, most foundations give only to companies with a proven track record. Be realistic about whether the effort is worth it. You can always wait and turn nonprofit in the future. (Fiscal sponsorship is a popular option for small companies, whereby they can apply for grants and access bulk mail rates through a separate nonprofit umbrella organization Often these organizations take a percentage of grant income in return.) Click here for more on incorporating as a nonprofit organization.8. Make funding decisions.Will most of your budget depend on grants? The kindness of your family? Dues paid by company members? Earned income such as merchandise sales, auctions, and theme parties? Each has its advantages and drawbacks. Making decisions on funding sources and likely amounts of income will help determine how ambitious your plans should be The Foundation Center's whole purpose is to help non-profits and individuals find money. 9. Strategize potential non-production activities.Doing a show or two a year is enough for some groups, while others like to maintain a continual presence to increase visibility and develop audiences. Examples of additional activities include teaching classes, hosting staged readings, and engaging in various forms of community outreach.10. Create a database.Nothing takes more time than repeatedly writing out addresses on postcards. There are lots of good database programs out there that allow you to print labels in a matter of minutes. It is advisable to keep a separate database for general mailings and another for press contacts. 11. Think About Your Audience.Who will come see your plays? How are they likely to learn about them? How do similar companies promote their work? Consider doing a list exchange or purchasing mailing lists from companies with audiences you would like to attract. 12. Work Backwards.Put your first production date far enough into the future that you have time to lay some groundwork, You won't do your best planning under the deadline of an approaching opening night.

13. Join AACT. Membership in the American Association of Community Theatre links you with companies all over the United States and beyond. You'll get the benefits of networking with thousands of other theatre people, and more than 1500 different companies of all sizes, in all kinds of communities. You'll also have access to the members-only pages of this website, including proven ideas for fundraising, choosing a season, publicity and marketing, and much more. Click here for membership information.

To Non-Profit or non?

So, getting more and more feedback from Smarty Pants people that Non-Profit is possibly not the way to go. There may be a path of less resistance that gives us everything we need.
Fiscal Sponsorship is definitely something to look into. Obviously this entails finding an existing non-profit or company that wants us :)
Also, the brilliant Sage Alia Clemenco has suggested looking into LLC instead of non-profit.
Watch this space for more info...

Monday, January 30, 2012

A Tangible To-Do List

1. Develop a mission statement (for the collective and for our first project) What is our goal? What is our purpose? What are our values? What's important to us? What do we want to do?

2. Create a shortlist for our Board of Directors
What to look for in a board member: Look for individuals whose values reflect your statement of purpose. Although it is recommended that the majority of your board be consumers, include the community at large, not just your specific community of focus (e.g. the mental health community). Consider the religious community, local service clubs, legal professionals, and colleges and universities as sources for a prospective Board of Directors. Do not overload people who already serve on many committees – seek a balance between old and new leadership.

Also..: "Minimum number of directors required for a Texas nonprofit organization is three(3). However if the organization has vested the management of the organization with members and not directors, the organization may choose not to have any director."
So, I guess, also, figure out if we have to have a Board and what he definitions of Director and Secretary is.

2. Develop drafts of Articles of Organization and Bylaws. (not as scary as they sound). Samples below.

3. Develop a budget- for this first project and brainstorm for the longterm (Don't get overwhelmed, just worry about what we know)

4. Get some advice from someone who's done this before (!) That should probably be number 1, actually....

5. Figure out how to get a logo/tagline designed. Grampa?

6. Ask Geoffrey about NPO Accounting (Seth, probably we do this together?)


THEN start on the paper work

This sounds important. Figure it out. :

The organization needs to open a bank account and decide whether to use the accrual or cash method of accounting. The difference between the two types of accounting is when revenues and expenses are recorded. In cash basis accounting, revenues are recorded when cash is actually received and expenses are recorded when they are actually paid (no matter when they were actually invoiced). In accrual basis accounting, income is reported in the fiscal period it is earned, regardless of when it is received, and expenses are deducted in the fiscal period they are incurred, whether they are paid or not.

Texas Association of Nonprofit Organizations

8001 Centre Park Dr. Ste. 120 Austin, TX 78754

Barry Silverberg, President & CEO
(512) 381-1491 or (512) 223-7076
barry@tano.org www.tano.org

Outline of Services and Fees for Incorporation of Texas Nonprofit
and Assistance in Submitting 501 (c) (3) Application to Internal Revenue Service

We have successfully assisted dozens of individuals and organizations through the process of deciding whether to seek nonprofit and tax exempt status and then the process of establishing a Texas Nonprofit Corporation and seeking 501 (c) (3) determination from the IRS. The latter allows contributions to the organization to be tax deductible.

Attached is a PDF of the overall process. In addition, you can access my narrative on the process at http://www.austincc.edu/npo/sectornews/index.php/starting-a- nonprofit-in-texas/

Our focus is on assisting you to complete the process as quickly and painlessly as possible so that you can create a responsible, accountable and effective nonprofit. We start by asking you to complete our CONSOLIDATED FORM through which we gather the info we need to obtain your Employers Identification Number and your Texas Nonprofit Incorporation (i.e., Certificate of Formation). That part of the process takes approximately 48 hours as both are done online.

With these two components, you are officially a Texas Nonprofit and can open a bank account and begin operations. However, you are not a 501 (c) 3 entity which is the Federal status that allows you to accept tax deductible contributions.

Simultaneously, we draft proposed bylaws for adoption by your Board – required to operate as a nonprofit and for your IRS application.

To obtain the 501 (c) 3, we need to file an IRS 1023 form that is more complicated than the Texas process. Preparation time varies based on how well organized your thoughts and materials are as well as the degree to which you understand the fundamental nature of nonprofits and their difference from for-profit entities. Once all the needed information is provided us, it usually takes about a week to complete the 1023 form and its Addendum. However, it is impossible to estimate how long it will take to get all of the needed materials in order. That rests with you.

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Once the IRS 1023 form is submitted to the IRS, it can take 4 – 6 months to receive final word from IRS as to the status of your 501 (c) 3 determination.

It is not unusual for the IRS to request additional information, and submit a series of questions about your operations based on your application. We assist you in responding to those.

Throughout the process, we serve as your consultant in all matters related to the creation and initial establishment of your 501 (c) 3, providing a reasonable amount of consultation based on our decades long experience leading, managing and incorporating nonprofits. In addition, we are able to offer other services such as accounting and financial management services once you are incorporated.

Your costs are:

  • $25.68 for the Secretary of State filing (that we simply pass on to you);

  • $400 - $850 for the IRS filing (depending on your budget and the check is not

    due until you actually file);

  • our fee is $1500 for TANO members or $2000 for others - which we request is

    paid at the time we begin the process – though we will begin by obtaining

    your EIN and Texas Incorporation while awaiting “the check in the mail”;

  • your organization can join the Texas Association of Nonprofit Organizations (TANO) at its appropriate level (http://www.tano.org/en/cms/?374) to benefit

    from the discount as well as many other benefits including consulting,

    insurance, resources, etc.;

  • Payment can also be made online at http://www.tano.org at bottom of page.

    One important caveat: all of our fees and commitments are based on the assumption that you will provide us needed information and work with us to move the process along as expeditiously as possible. If the process slows or we engage in start/ stop kinds of situations, we reserve the right to increase our fees as far more time is required to work with you in this fashion.

    We have incorporated dozens of nonprofits and our work involves consultation and organizational capacity building services to hundreds of nonprofits. You can review my biographical narrative at http://www.tano.org/barry-silverberg

    Do let me know if you have any further questions and whether you would like to sign up for our services. Once I hear that you do, I will send you the CONSOLIDATED FORM and we will move forward as expeditiously as possible.

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We look forward to hearing back from you.

Excelsior! Barry

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A Webinar on Starting a Non-Profit from TANO

Starting a Nonprofit from Barry Silverberg on Vimeo.

The New Facebook Page for Catalyst Theatre Project!

http://www.facebook.com/pages/Catalyst-Theatre-Project-CTP/231664216919610?sk=info

Starting Our Non-Profit

SOURCE: http://managementhelp.org/startingorganizations/start-forprofit-or-nonprofit.pdf

Charitable Non-Profits
The charitable nonprofit usually has the features of a nonprofit corporation (described above) and sometimes tax-exempt status in addition to the following features. Donors/funders can deduct the amount of their contributions (to the charitable nonprofit) from their tax liabilities. Charitable status is granted by the Internal Revenue Service in the USA and by Canada Revenue Agency in Canada. Usually the nonprofit must be a corporation to receive charitable status. People and funders often are much more willing to give money to a charitable nonprofit.
These nonprofits are constrained to providing services in accordance with their mission to meet the public need (otherwise they have to pay taxes on any revenue over a certain amount). This status requires ongoing submission of paperwork to the Internal Revenue Service or Canada Revenue Agency in order to retain charitable status.
Charitable nonprofits must limit the amount of lobbying that they can do (organizations that engage primarily in lobbying are usually tax-exempt, but not charitable). There often is strong, ongoing public interest in the operations of organizations, which can result in a lot of effort in the charitable nonprofit to be transparent and accountable for its operations. Often, a major challenge in these nonprofits is to generate revenue from fees because clients often have very limited funding.
If you want to form a nonprofit in order to get lots of donations/funds, then you’ll probably need to be a charitable nonprofit, but you’ll also have to report to a Board of Directors – and you won’t own the nonprofit, the public will.


So--presumably we would be charitable, because we offer our services for free to participants??

Nonprofit Corporation (Chartered, Registered)
This status is granted by the state to a nonprofit organization (in Canada, status can be granted by a province or federally). People form a nonprofit corporation usually when they want to ensure that their organization is an ongoing entity apart from its members, e.g., the corporation can have its own bank account and enter into contracts. Also, members of the organization usually are not directly liable for the effects of corporation’s operations (the limited liability shield), unless members engage in deliberate illegal acts for which individuals can be prosecuted.
Corporations benefit from the oversight and guidance of a Board of Directors (a requirement of corporations) – to some, this lose of power could be a disadvantage. Control of the corporation is vested in the Board members as a body. The nonprofit corporation is owned by the community, not by the founder or Board members. Usually Board members are not paid, but they can be reimbursed for expenses.
Employees must keep the amount of their salaries and wages within reasonable limits. Often, a nonprofit must be a corporation in order to quality for tax-exempt and/or charitable status from the IRS or Canada Revenue (see below) in order to avoid paying certain taxes and/or getting donations/funds from donors/funders.
So if you want to form a nonprofit to get donations/funding, you probably should file with your state to be a corporation – but realize that you’ll be working for a Board of Directors and you won’t own the nonprofit yourself.


So then, my question is, who would the Board of Directors be? The collective??

Some great information from: http://www.councilofnonprofits.org/howtostartanonprofit

WHEN? When should you file paperwork?

Basically, the paperwork process involves five phases:

  • Phase I: Incorporating at the state level
  • Phase II: Securing your tax exempt status from the federal government
  • Phase III: Filling out your operational paperwork at the state and local levels
  • Phase IV: Completing your internal paperwork
  • Phase V: Ongoing reporting - to state entities (in your state and in any other where you might solicit funding), annual federal reporting, regular reporting to funders (both large foundations and individual donors
First, you should find out if organizations (nonprofit, for-profit, or government) are already in your community, doing the same or similar work. It will be harder to get support if you are just duplicating existing services, versus improving or adding to them.

Form a Board of Directors. Forming a board requires careful thought and extensiverecruitment efforts. Each state has regulations that determine the minimum size of the board, typically three, but the optimum number of people who sit on the board should be determined by the needs of the organization. Based on what your organization would like to accomplish, you should decide what special skills and qualities you will require of the individuals on your board. Identify qualified individuals who are supportive of your mission and are willing to give of their talents and time. (See Tips for more information.)


This is overwhelming to say the least. Help please.

Monday, January 23, 2012

Terminology

Company
Collective
Concern
Cooperative
Project
Group
Ensemble

Structure v. Title (your structure doesn't have to be part of the title)